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Thomas, Lawyer

Category: UK Property Law

Satisfied Customers: 6838

Experience: BA (Hons), PgDip, Practising Solicitor

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Not sure if this is property law question or relationship If

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Not sure if this is property law question or relationship?If an unmarried couple buy a property together and he puts a 50% deposit and has a document drawn up to say he provided that deposit. When they split what proportion of the increase in value of the propery has the partner without deposit entitled to receive?

The document you are referring to is called a declaration of trust and would usually be drafted then executed upon completion by the conveyancer acting in the purchase.

The terms of the declaration of trust - whether they are to receive a fixed sum or a proportional one depending on the increase in equity - would be for you to agree between each other and then pass appropriate instructions to the conveyancer on how it should be drafted.

In the absence of any such declaration of trust it is presumed that each party holds a 50% share each in the equity of the property.

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